UTB LLC v Sheffield United Ltd & Ors

UTB LLC v Sheffield United Ltd & Ors

The Disclosure Pilot (PD51U) applies to these proceedings, including those with pre-existing disclosure orders. SUL is permitted to make limited amendments to its pleadings, but not to introduce allegations regarding Prince Abdullah's means. The UTB parties have validly claimed legal professional privilege over the disputed documents, including the Redacted Documents, as they relate to legal advice in a relevant legal context. SUL's applications for further extended disclosure are refused as not reasonable, proportionate, or necessary for the just disposal of the proceedings.

Parties
Claimant: UTB LLC; Defendant/petitioner/applicant: Sheffield United Limited; Third Party/respondent: HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Al Saud; Fourth Party/respondent: Yusuf Giansiracusa; Respondent: UTB 2018 LLC; Respondent: HRH Prince Musa’ad Bin Khalid M Bin Abdulrahman Al Saud; Respondent: Blades Leisure Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Commercial/company Law (section 994 Companies Act 2006 Petition and Related Claims) / Pre Trial Review Ruling on Disclosure and Amendments
Outcome
SUL's application to amend is allowed in part; SUL's applications for further disclosure are refused; UTB parties' claims to privilege are upheld.
Legal Topics
Disclosure Pilot (pd51 U), Legal Professional Privilege, Amendment of Pleadings, Extended Disclosure, Unfair Prejudice Petition, Conspiracy, Bribery Allegations
Company Law Civil Procedure Commercial Law Disclosure Pilot (pd51 U) Legal Professional Privilege Amendment of Pleadings Extended Disclosure Unfair Prejudice Petition +2 more

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Parties

UTB LLC

Claimant

Sheffield United Limited

Defendant/petitioner/applicant

HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Al Saud

Third Party/respondent

Yusuf Giansiracusa

Fourth Party/respondent

UTB 2018 LLC

Respondent

HRH Prince Musa’ad Bin Khalid M Bin Abdulrahman Al Saud

Respondent

Blades Leisure Limited

Respondent

Procedural Posture

Commercial/company Law (section 994 Companies Act 2006 Petition and Related Claims) / Pre Trial Review Ruling on Disclosure and Amendments

Legal Issues

  1. 1 Whether the Disclosure Pilot (PD51U) applies to proceedings where disclosure orders were made before 1 January 2019
  2. 2 Whether SUL should be permitted to amend its Defence, Counterclaim and Petition
  3. 3 Whether UTB parties can validly claim legal professional privilege over certain documents, especially communications involving Mr Giansiracusa

Ratio Decidendi

The Disclosure Pilot (PD51U) applies to these proceedings, including those with pre-existing disclosure orders. SUL is permitted to make limited amendments to its pleadings, but not to introduce allegations regarding Prince Abdullah's means. The UTB parties have validly claimed legal professional privilege over the disputed documents, including the Redacted Documents, as they relate to legal advice in a relevant legal context. SUL's applications for further extended disclosure are refused as not reasonable, proportionate, or necessary for the just disposal of the proceedings.

Court Disposition

SUL's application to amend is allowed in part; SUL's applications for further disclosure are refused; UTB parties' claims to privilege are upheld.

Orders

  • SUL permitted to amend its Defence and Counterclaim to convert a non-admission to a denial, add paragraphs 40A and 40B to the Petition, amend paragraphs 65a and 65b, amend paragraph 42 regarding Charwell ownership, and amend the prayer (subject to explanation).
  • All other proposed amendments by SUL refused.